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Protecting farmers, freeing the breeders


Suman Sahai discusses India's progressive legislation in the area of patents and protection for plant varieties.




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Contemptible, but true


The government proposes to permit truth as a valid defense in contempt-of-court cases, but prefers to leave it to judges to decide when it should be allowed.




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Stemming campus violence


Campuses across the country are reimposing law and order in an indication of new resolve to root out ragging and violence, especially against women students. Puja Rawat reports.




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Criminal justice system "reforms"


A critique of the process and research used by the Justice Malimath Committee to recommend reforms to the Criminal Justice System. This is the first of a two part series.
Click here to read Part II




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Criminal justice system "reforms" - II


In the second and concluding part of the series on the Malimath Committee's report, Bikram Jeet Batra looks at the detailed recommendations in terms of implications for Human Rights.
Earlier: Part I




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Misuse of 498A - much ado about nothing?


Allegations have been made repeatedly that the penal code's protection against matrimonial cruelty is often abused by women. But no evidence is given to support this claim, says Bikram Jeet Batra.




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An impacted assessment process


Years since the adoption of the environment impact assessment law, systemic weaknesses and a token approach to public hearings are defeating its purpose. Kanchi Kohli does a review.




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Supreme Court sets deadline on FOI law


Hopes for India's languishing Freedom of Information Act becoming effective were given a boost on July 20. Subramaniam Vincent reports on the Supreme Court's deadline and implications.




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Sentenced to die, non-unanimously


Are death penalties in India being awarded under the most rigorous standards for trials in capital cases? Maybe not. Bikram Jeet Batra on India's current practice.




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Central RTI law: some shine, still shackled


The Right to Information Bill tabled in Parliament raises expectations to new levels by proposing a dedicated Information Commission for enforcement. Except, the commission is crippled at conception, with no direct penalizing powers. Prakash Kardaley comments.




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Food safety bill may hurt hawkers


The central government has proposed the Food Safety and Standards Act as part of a series of steps to 'harmonize' existing food laws. Devinder Sharma agrees the old exploitative laws must go, but says the new bill may deliver unfair advantage to the food industry over dhabas and hawkers.




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Bhakra dam, Supreme Court, questions


In the last two decades, a variety of petitions filed before the Supreme Court over illegalities concerning large dam and irrigation projects have all had a common result. Project proponents have gotten the judicial go-ahead. What is the point of overcrowding laws with more 'enabling' provisions then, asks Videh Upadhyay.




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More teeth in new RTI legislation


Lawmakers at New Delhi recently passed the Right to Information Bill. The legislation provides for an information commission with powers to enforce transparency. An officer who delays disclosure will be liable to pay a penalty of Rs 250 for every day's delay. Prakash Kardaley is optimistic about the bill about to become law.




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Parliament, Winter 2005 session


M R Madhavan presents a brief summary of the proceedings in the national legislative bodies during the Winter 2005 session, which was conducted during Nov-Dec 2005.




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Indian Medical Council (Amendment) Bill


The Central government proposes to shuffle the composition of the IMC and bring in more of its own appointees, reducing elected members to a minority. The government claims this will increase the IMC's accountability, but will it also turn it into an arm of the government? M R Madhavan and Ruchita Manghnani present a legislative brief.




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No need to amend the 'Office of profit' law


The UPA Government is attempting to achieve consensus and amend the Office of Profit law to allow select legislators to hold additional public offices. This is merely the climax of a larger trend, says Madabhushi Sridhar, of an already thin separation of power between executive and legislature, and of earlier efforts to dilute the Constitution.




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Immoral Traffic (Amendment) Bill


New provisions in law would make sexual exploitation of trafficked persons punishable. While well-intended, the draft bill is vague; the term 'sexual exploitation' is not clearly defined. Without this, the bill's provisions could lead to greater harassment of prostitutes and their clients. Kaushiki Sanyal presents a legislative brief.




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An entitlement with no law


With the Central government lobbing the ball into the states' court, the right to education bill has practically lost its very essence. Without a central legislation to support it, a constitutional guarantee will have little meaning, say most experts. Deepa A concludes the 'Lens on Education' series.




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Microfinance Bill


The draft bill comes at a time when there are differing opinions on the cost efficacy of the MFO model for reaching credit to the poor. Moreover, the bill itself contains some perplexing ideas - such as the choice of NABARD, itself an MFO, as a regulator of others such organisations. Kaushiki Sanyal presents a legislative brief.




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Regulating domestic work


The Domestic Worker's Bill, if passed, will be an important step toward securing the rights of a large chunk of the unorganised workforce. But as with all laws, the real test of this legislation will be in its implementation, writes Anuja Agrawal.




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One-third of the lawmakers


After decades of delay and debate, are political parties finally about to enact higher representation for women in the legislatures? Kaushiki Sanyal presents a legislative brief on the proposed Constitutional Amendment.




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Women’s reservation Bill – the 2010 story


Opposition to reservations for women in Parliament have centred on at least four points. Step by step Vaijayanti Gupta rebuts the arguments and re-iterates the case for reservations.




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Kashmiri identity and the onslaught on women


Although dropped for now, a Bill that seeks to disqualify the permanent resident status of J&K women who marry outside the state is pitting their equal rights and dignity against ‘Kashmiri identity’, argues Rekha Chowdhary.




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Mining vs. Communities


The Sustainable Development Framework has captured the feedback of civil society and communities about mining-related damages, but the draft regulations for mining don't reflect this understanding, writes Kannan Kasturi.




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Is 'contempt of court' blocking justice?


It is impermissible under the law to 'scandalise the courts'. But is this vague restraint contrary to the guarantees of liberty given to citizens in the Constitution? Kannan Kasturi examines the notion of 'contempt of court'.




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What powers must the Lokpal have?


Disagreements on the Lokpal, even amongst the reform-minded, have arisen because globally there is no consensus about the exact role of the ombudsman. Rajeev Kadambi looks at the options before the Hazare-Government panel.




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What amendments did the Lok Sabha make?


There are wide differences between the various parties on various provisions of the Lokpal Bill. And India Against Corruption wants its own amendments too.




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Regulating small loans


The government has introduced the Microfinance Bill in Parliament, empowering RBI to oversee small lenders as well. The law will take MFIs outside the jurisdiction of state-level laws, and bring them under federal regulation.




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Verma Committee: Key recommendations


In late January, the Justice J S Verma Committee recommended amendments to the India's criminal law so as to provide for quicker and more effective redress of sexual assault against women. PRS Legislative Research provides highlights.




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Big Brother watching you, but who watches him?


Internet monitoring, surveillance and censorship by the Government has become a norm in the country today, even while users are kept completely in the dark about it. Snehashish Ghosh argues why more transparency is critical to upholding the very basic tenets of democracy.




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GM Crops: Can India follow the Philippines example?


The Court of Appeals in Philippines has recently passed an order, prohibiting field trials of GM Bt Brinjal. As the Indian government seeks to push through the BRAI Bill, Neha Saigal exposes its loopholes and argues why we should go the Philippines way.




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A raw deal for consumers


The Consumer Protection Act passed by the Indian government in 1986 defeats its own objectives in the way that it functions today; Sakuntala Narasimhan reveals how it sidelines consumer rights and protects the bigger multinationals operating in the emerging market.




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One Person Companies: Speed without effective brakes?


The introduction of One Person Companies in the 2013 Companies Act eyes fast economic gains; however, as Shankar Jaganathan points out, it also calls for a more considered approach and provision of safeguards to protect the smaller creditors and employees.




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SC judgment: The gaps in logic


Going beyond value judgments, T R Raghunandan presents an objective explanation of why the Supreme Court judgment upholding the constitutionality of Section 377 of the Indian Penal Code lacks sound reasoning and could have been much better crafted.




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New body should have better pay, more autonomy


Poor compensation could be the key reason behind the DGCA’s inability to attract and retain technical personnel, says the Parliamentary Standing Committee on Transport, Tourism and Culture. PRS Legislative Research summarises the Committee’s report.




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What has your MP done for you?


As elections draw nearer, it is more important than ever to understand the way the Lok Sabha functions and what our Members of Parliament are expected to do. Only then can we assess their performance and who may be the best choice, writes R Balasubramaniam.




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Pragmatism over principles is the norm today: Usha Ramanathan


What does state sovereignty really stand for? Does it downplay the role and status of the individual by making him a 'subject' of the state? Watch Usha Ramanathan, as she deconstructs the complex entity of the state in the Daksh Constitutional Day Lecture.




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CIC: Delaying complaints against delays!


Anger and frustration is on the rise over inordinate delays by the Central Information Commission in responding to or inquiring into complaints from RTI appellants. Revathi Siva Kumar looks at what ails the institution.




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How well do you know your MPs, Kolkata?


As we approach the parliamentary elections, India Together presents a quick familiarisation with members of the Lok Sabha in certain key urban constituencies. In the first of the series, Amrita Mukherjee introduces you to the sitting MPs from Kolkata.




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Penalties rare for Togadias and Masoods, but mileage aplenty


The fierce political campaigns around the 2014 general elections have seen rampant communal rhetoric and instances of hate speech by followers of all camps. Tanvi Bhatikar digs deeper into hate speech law and judicial proceedings in India with a comparison to UK and Europe.




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Mullaperiyar: Is the light in the tunnel itself?


With the SC striking down the Kerala Irrigation and Water Conservation Act, concerns over the Mullaperiyar Dam could create tension anew between Kerala and Tamil Nadu. Could a new study contain a potential solution to the issue? P N Venugopal explores.




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Removal of Governors: What does the law say?


With the Modi government strongly pushing for the removal of UPA-appointed governors, the issue is once again in the limelight. Anviti Chaturvedi throws light on what the Constitution and Supreme Court laws say on the matter.




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There’s always one to clear your mess!


Despite the enactment of a law prohibiting the casteist and deplorable practice of manual scavenging, many continue to labour in the profession in the face of neglect, deprivation and indignity. Pushpa Achanta draws attention to the injustice meted out to manual scavengers and other sanitary workers.




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Spewing venom, leaders remain above hate speech laws


The abhorrent remarks by actor-turned-Trinamool MP Tapas Pal, stating that he would get the women among his opponents raped, have left many outraged but drawn mild reactions from his party and no legal action at all. Shoma Chatterji exposes the milieu where leaders like Pal enjoy complete impunity.




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How the latest changes to our Constitution will impact the judiciary


A quick summary of the recently passed Constitution (121st Amendment) Bill 2014 from PRS Legislative Research outlines the broad changes that it will bring about in the judicial structure of the country.




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What good is an auditor without information?


A recent letter written by the CAG Shashikant Sharma to the finance minister, seeking access to required information through RTI, exposes once more the lacunae in the powers of the Supreme Audit Institution. Himanshu Upadhyaya analyses the debate around the issue.




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Why a depoliticised police force is a distant dream


With only 14 functional State Security Commissions in the country, and those too with flawed compositions and diluted roles, the efforts towards minimising government interference in police functioning have naturally been lax. Navya PK cites critical findings of a CHRI Report that shows the present sad state of our SSCs.




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Will the government heed calls to save rural jobs?


The Prime Minister has received at least two letters in the past week from eminent economists, activists and citizen groups, raising their voices against dilution of the Rural Employment Guarantee Act, which seems imminent from recent announcements by the government.




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Why Raghuram Rajan has lost patience with defaulting promoters


“We need a change in mind set, where the wilful or non-cooperative defaulter is not lionized as a captain of industry, but justly chastised as a freeloader on the hardworking people of this country,” said the RBI governor in his recent lecture at IRMA, Anand. An unedited transcript of his speech




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What the new processes mean for the dispossessed


The recently promulgated ordinance amending the national law related to land acquisition dilutes several clauses of the earlier legislation that were meant to protect the rights of holders. Kanchi Kohli summarises the key changes brought in by the ordinance.